Federal Judge Rules Trump-Appointed LA U.S. Attorney Serving Unlawfully
Federal Judge Rules Trump-Appointed LA U.S. Attorney Serving Unlawfully

Federal Judge Rules Trump-Appointed LA U.S. Attorney Serving Unlawfully

News summary

A federal judge ruled that Bill Essayli, the acting U.S. Attorney for the Central District of California, has been unlawfully serving beyond the 120-day limit imposed for interim appointments, disqualifying him from performing the duties of the role. The judge determined that Essayli's resignation as interim U.S. Attorney and immediate reappointment as first assistant U.S. Attorney, followed by his assumption of the acting role, violated federal law because only a first assistant already in place at the vacancy can become acting chief. Despite this, the judge allowed Essayli to continue serving as the office's top deputy and denied defendants' requests to dismiss cases he had prosecuted, since other legally appointed prosecutors also signed the indictments. This ruling is part of a series of judicial decisions pushing back against the Trump administration's attempts to extend the tenure of handpicked acting U.S. attorneys without Senate confirmation, raising questions about the legitimacy of prosecutions under such appointees. The decision also casts doubt on other Trump-appointed interim prosecutors, including Lindsay Halligan, who uniquely signed indictments in high-profile cases. The Justice Department has declined to comment on the ongoing litigation, and federal law permits district judges to appoint interim U.S. Attorneys if vacancies persist beyond the statutory limit.

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